A 50% non refundable deposit is due upon signing of this agreement. The remaining amount is due 14 days in advance of Client's Event.
If the operator uses the Selfie Station for a time period in excess of the service period agreed to in the invoice provided, the overage in rental time will be billed to the operator at the following rates:
2018 Social Selfie Package: 1/2 hour $125/hr Full Hour $250/hr
Payment for any overage in time must be paid before additional hours are provided. Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $150.00 fee for any and all returned checks which Client may write to Provider as payment for any service by Provider or rental of Provider's equipment.
ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate space for the Photo Booth at event's venue. (12’ deep x 12’ wide x 10 high). A available powered outlet will be required to power the selfie station and associated equipment.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least thirty (30) days in advance of the original event date. Change is subject to Selfie Station availability and receipt of a new Service Contract. If there is no availability for the alternate date, the non- refundable reservation fee shall be forfeited and event cancelled. If event is cancelled for any reason, the non-refundable reservation fee is forfeited.
DAMAGE TO PROVIDER'S EQUIPMENT
Client acknowledges that it shall be responsible for any damage or loss to the Provider's Equipment caused by: A) Any misuse of the Provider's Equipment by Client or its guests, or B) Any theft or disaster (including but not limited to fire, flood or earthquake).
Beantown Selfie and Client hereby agree to mutually idemnify, defend and hold the other harmless. from any loss, liability, costs or damages arising from actual or threatened claims or causes of action resulting from the negligence, gross negligence or intentional misconduct of the party indemnifying or its respective officers, directors, employees, agents, contractors, members, participants or attendees (as applicable), provided that with respect to officers, directors, employees, and agents, such individuals are acting within the scope of their employment or agency, as applicable.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable under Contract Law, then that provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. This is the entire agreement between Provider and Client relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, Client agrees to solve any arguments via arbitration. In the event Provider is unable to supply a working photo booth for at least 85% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received. If no service is received, Provider's maximum liability will be the return of all payments received from Client. Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement
MA SALES TAX
Directive 11-4: Application of Sales/Use Tax to Charges of Professional Photographers
I. Introduction : This directive clarifies which charges of professional photographers to their Massachusetts customers are subject to sales tax. The Massachusetts sales tax applies to any sale at retail in the Commonwealth, by any vendor, of tangible personal property or telecommunication services at the rate of 6.25 per cent of the gross receipts of the vendor of all such sales. G.L. c. 64H, §§ 1, 2. The Appellate Tax Board has previously ruled that under certain circumstances a portrait photographer's separately stated charges for "sitting fees" constitute distinct service transactions and, as such, are not subject to the sales tax. See, Miller Studios v. Commissioner of Revenue, A.T.B. Docket No. 157022 (March 27, 1992). However, other separately stated charges and charges of professional photographers hired for an event such as a wedding and selling a package of services and tangible personal property,